Neutral Citation No. - 2025:AHC:61180 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11534 of 2025 Applicant :- Ashiq Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Km Preete Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Ashiq, seeking enlargement on bail in Case Crime No. 53 of 2018, under Sections 363, 354 (a) IPC and Section 7/8 POCSO Act, Police Station Kotwali Dehat, District Bulandshahr. 3. The allegation made in the FIR is that on 16.01.2018, when the informant and his sister (victim) went to Siyana Stand due to some cause and she was purchasing some goods in a shop, the co- accused persons came there and took away the victim by doing molestation with her on bike, but later on hue and cry raised by the victim, some people caught them and recovered the victim, but the accused persons ran away. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 15.01.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant is not named in the FIR and no role has been assigned against the applicant. His name came into the light during course of investigation in the statement of Deepu. It is further submitted that there are various contradictions in the statements of the victim said to have been recorded under Sections 164 Cr.P.C. and the version of the first information report. It is next submitted that after completing investigation, the investigating officer has submitted charge sheet and the court below took cognizance against co-accused persons, no against the applicant because the name of the applicant Ashiq not Asif, therefore, summon could never served to the applicant and in response thereto the concern court below issued bailable warrant and non-bailable warrant against Ashif and all the process of the court below like NBW and Section 82 has been issued against Ashif and the name of the applicant is Ashiq. It is further submitted that the process continued to going on and when the concern court below mounted the pressure on the concern authorities after issuance of the proceeding under Section 82 Cr.P.C. the concern police arbitrary arrested the applicant and produced him before the court concern and detained him in the custody. It is also submitted that it is a consensual relationship between the victim and the co-accused Shahrukh and he has been falsely implicated only just confusion in the spelling of the name. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Ashiq, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 21.4.2025/v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad